bryan moochie'' thornton

R. Crim. As to defendant Jones, the court stated that "the testimony by Sutton and Jamison was not critical to the government's case but rather was cumulative in view of the testimony by the government's other witnesses, the wiretaps and consensually recorded conversations, and the physical evidence utilized at trial." The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. The district court also found that "Thornton was convicted on the basis of the strength of government witnesses Rodney Carson, Earl Stewart, and William Mead" and on the basis of "a large number of drug-related and JBM-related tape recorded conversations which demonstrated Thornton's role in the JBM." P. 33 on the ground of newly discovered evidence,8 asserting that the failure to disclose the DEA payments deprived them of the ability to cross-examine effectively two witnesses whose testimony and credibility were central to the government's case. App. denied, --- U.S. ----, 112 S.Ct. Id. Sec. P. 143 for abuse of discretion. E non soltanto perch, dopo aver viaggiato e sostato in luoghi lontani, a fine [] instead it will just fallback to Theme.Characters as the default, An enum class representing an answer given to the akinator, This is meant for the user to use to pass into methods such as Akinator.answer, a classmethod to return an Answer enum variant parsing from a str To advance . ), cert. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. On four occasions, the court admitted evidence that was inadmissible or the witnesses made remarks that should not have been heard by the jury. 1991). See United States v. Harvey, 959 F.2d 1371, 1377 (7th Cir.1992). The district court responded: My reaction is it's perfectly understandable why the jurors would feel apprehensive simply from listening to the testimony in the case as I have and I don't have to ask them why. United States v. Burns, 668 F.2d 855, 858 (5th Cir. Arresting Agency. Select Exit Kids Mode Window . 0000001186 00000 n On appeal, defendants raise the same arguments they made before the district court. Atty., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst. 1989), cert. 132 0 obj Share this: Facebook Twitter Google+ Pinterest Email to a Friend. Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. ), cert. ), cert. denied, --- U.S. ----, 112 S. Ct. 340, 116 L. Ed. United States v. Perdomo, 929 F.2d 967, 969 (3d Cir. 1990), and United States v. Watchmaker, 761 F.2d 1459 (11th Cir. United States v. Pflaumer, 774 F.2d 1224, 1230 (3d Cir.1985) (citation omitted), cert. bryan moochie'' thornton Tatko na pesmaricu. Thornton asserts that he should not have been joined with Jones and Fields because he was incarcerated on June 27, 1990 on an unrelated charge, and the government failed to prove his continuing participation in the conspiracy after that date. In McAnderson, four jurors informed the district court that they had received threatening phone calls and a fifth juror explained that she had heard about the calls from another juror. Thornton's argument is unpersuasive in light of our prior statement that to determine whether defendants are properly joined under Rule 8(b), "the reviewing court must look to the indictment and not the subsequent proof adduced at trial." 3 had nothing to do with any of the defendants or with the evidence in the case. Robert J. Rebstock (argued), Louis T. Savino, Jr., Louis T. Savino & Associates, Philadelphia, PA, for appellant Bernard Fields. at 93. The court issued a curative instruction as to three of the errors, and the other error was clearly harmless.7. In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. ), cert. Attys., Philadelphia, PA, Joseph C. Wyderko (argued), U.S. Dept. 989, 1001, 94 L.Ed.2d 40 (1987) (quoting United States v. Bagley, 473 U.S. 667, 682, 105 S.Ct. We 91-00570-05). denied, 488 U.S. 910, 109 S.Ct. 924(c) (1) (1988 & Supp. In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." In this case, by contrast, the district court learned from the Deputy Clerk that the jurors had expressed "a general feeling of apprehensiveness about their safety." ), cert. 3 and declined to remove Juror No. Defendants' final contention on appeal concerns the government's failure to disclose until after trial two letters from the Drug Enforcement Administration (DEA) detailing payments made to two cooperating government witnesses, Dwight Sutton and Darrell Jamison. Although he was never a Mouseketeer, he appeared in . We disagree. It follows that the government's failure to disclose the information does not require a new trial. In light of the overwhelming evidence of defendants' guilt and the marginal importance of Jamison's and Sutton's testimony to the government's case against Thornton and Jones, we conclude that "there was no reasonable probability that the outcome of [the trial] would have been different had [the evidence] been available to defendant[s] for use at trial." We will address each of these allegations seriatim. 924(c)(1) (1988 & Supp. denied, 474 U.S. 1100, 106 S. Ct. 880, 88 L. Ed. The court also referred to the testimony of numerous other government witnesses and to physical and documentary evidence demonstrating Jones' involvement with the JBM, his leadership of the organization, and his participation in numerous drug transactions. hippie fest 2022 michigan; family picture poses for 5 adults; unforgettable who killed rachel; pacific northwest college of art notable alumni; adler sense of belonging family constellation; Between 1956 and 1960, Corcoran played several different (but similar) characters, each bearing the nickname "Moochie". 3 and defendant Fields consisting of smiles, nods of assent, and other non-verbal interaction. In fact, Jamison did not even testify that he knew Thornton to be a member of the JBM. In Dowling, the district court received a note from a juror stating that another juror "is being prejudice [sic] on this case" because she had read newspaper articles describing the defendant's extensive criminal history and discussed this information with other jurors. 3102, 3109 n. 8, 97 L.Ed.2d 618 (1987) (citations and quotations omitted). That is hardly an acceptable excuse. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir.1983), is inapposite because in that case there were three separate conspiracies rather than a single common one, Unlike Thornton and Jones, Fields did not make a motion for severance under Rule 14 before the district court. 2d 657 (1984), denied the motions on their merits. 0000003989 00000 n III 1991),1 and possession of a firearm after having been previously convicted of a felony in violation of 18 U.S.C. The indictment alleges three murders were committed - two in 1988 and one in 1989 - to protect drug operations and eight attempted slayings. 1989) (joinder proper where "indictment alleged a single overarching conspiracy" even though defendant was "absen [t] from a particular episode in the conspiracy"); United States v. Nerlinger, 862 F.2d 967, 973 (2d Cir. Frankly, I think Juror No. 933, 938, 122 L.Ed.2d 317 (1993). 841(a) (1) (1988). startxref The district court erred in admitting a statement by a government witness that one of the defendants named in the indictment had stated that "he was having some problems with [members of the JBM] that they were trying to make [him] get down and he didn't want to get involved but they were coming at him too strong." In this case, all three defendants were charged with participation in a single overarching drug conspiracy beginning in late 1985 and ending in September 1991. san carlos cathedral wedding; wilfred beauty academy lawsuit; captain carter height after serum; secrets band dubuque iowa; stomach removal life expectancy endobj App. R. Crim. 3 and declining to remove Juror No. at 92 (record citations omitted). A collection of correspondences between Nancy and Ronald Reaga Where the district court applies the correct legal standard, its "weighing of the evidence merits deference from the Court of Appeals, especially given the difficulty inherent in measuring the effect of a non-disclosure on the course of a lengthy trial covering many witnesses and exhibits." the record obituaries stockton, ca; press box football stadium; is dr amy still with dr jeff; onenote resize image aspect ratio Since that defendant was being pressured to join the JBM at the time of his statement, he was not a member of the conspiracy for purposes of the hearsay exception. S.App. ", Thornton's citation to United States v. Ellis, 709 F.2d 688 (11th Cir. In light of the district court's wide latitude in making the kind of credibility determinations underlying the removal of a juror, we conclude the rulings here were well within its discretion.D. App. at 50-55. at 2378. 12, even assuming what you proffer about the scowling, that would be different because it's not really an exchange of non-verbal communication. However, the district court's factual findings are amply supported by the record. <>/Border[0 0 0]/Contents( \n h t t p s : / / d i g i t a l c o m m o n s . PHILADELPHIA (AP) _ Top leaders of the Junior Black Mafia were accused in a federal indictment of distributing cocaine and heroin. %%EOF Government of the Virgin Islands v. Dowling, 814 F.2d 134, 137 (3d Cir.1987). birthday wishes to parents for their son first birthday; Para Professores. Thus, we conclude that the district court did not err in denying the defendants' motions for separate trials.B. Join Facebook to connect with Brian Thornton and others you may know. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. The defendants argue that the district court was required to conduct a colloquy with the jurors to determine the basis for their apprehension. Sec. In light of the district court's curative instructions and the overwhelming evidence of the defendants' guilt in this case, including specific evidence concerning the numerous acts of violence committed in furtherance of the conspiracy, we conclude that these evidentiary errors were harmless and did not deprive the defendants of a fair trial. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." P. 8(b)2 de novo and the denial of a motion for severance under Fed. Moreover, the indictment alleged as overt acts in furtherance of the conspiracy the substantive acts with which these defendants were charged, further demonstrating the efficiency of a joint trial. United States v. Hill, 976 F.2d 132, 145 (3d Cir.1992). In considering a district court's ruling on a motion for a new trial based on the failure to disclose Brady materials, "we will conduct a de novo review of the district court's conclusions of law as well as a 'clearly erroneous' review of any findings of fact where appropriate." Zafiro v. United States, --- U.S. ----, ----, 113 S.Ct. His two co-defendants, Fields and Thornton were sentenced under the United States sentencing guidelines to life imprisonment also. 761 F.2d at 1465-66. We review the court's ruling for abuse of discretion, with the understanding that "the trial judge develops a relationship with the jury during the course of a trial that places him or her in a far better position than an appellate court to measure what a given situation requires." July 19th, 1993, Precedential Status: bryan moochie'' thornton; town of tonawanda mugshots; yarmouth obituaries 2022; lamar educating east end where are they now; galesburg silver streaks basketball; bonds funeral home obituaries; amarilis osorio moran; bellevue wa death records; karrakatta funeral notices; kennings for tree; rockyview hospital visitor policy; there is an . Eufrasio, 935 F.2d at 574. United States v. Eufrasio, 935 F.2d 553, 568 (3d Cir. When the defendants' counsel heard of the jurors' apprehensiveness, they asked the court to conduct a colloquy with the jurors to determine whether it would be "impossible or difficult for them to be able to be fair jurors at this point." In addition, Thornton and Jones were convicted of participating in a continuing criminal enterprise in violation of 21 U.S.C. The defendants concede that these four errors, taken individually, do not require a reversal of their conviction. Christopher G. Furlong (argued), Springfield, PA, for appellant Bryan Thornton. denied, --- U.S. ----, 113 S. Ct. 210, 121 L. Ed. 0000014797 00000 n endobj However, any error in this regard is clearly harmless in light of the testimony of other witnesses that the JBM threatened drug dealers in Philadelphia to "get down or lay down." It seems to me a colloquy is going to make the problem worse and the best way to do it is to treat it in a low key way. Nothing in this statement intimates that the jurors were exposed to "extra-record information." 129 0 obj More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir.1993), we defined constructive possession to mean that "although a prosecutor has no actual knowledge, he should nevertheless have known that the material at issue was in existence." 2d 572 (1986). Jones eventually avenged Bucky's murder by ordering the execution of Bruce Kennedy, another JBM member who was the cousin of Bucky's suspected killer, fellow JBM boss Bryan "Moochie" Thornton, a co-defendant on Jones' federal case. However, the district court's factual findings are amply supported by the record. Previous Lights, Camera, Action: Fmr. 880, 88 L.Ed.2d 917 (1986), but we believe these cases support the government. United States v. Scarfo, 850 F.2d 1015, 1023 (3d Cir. The indictment in this case alleged that Thornton participated in the conspiracy through its conclusion in September 1991. Defendants next argue that the district court erred in empaneling an anonymous jury. App. denied, 497 U.S. 1029, 110 S. Ct. 3284, 111 L. Ed. Rather, they contend that the cumulative effect was sufficiently prejudicial to require a new trial. App. A new trial is required on this ground only when "the[ ] errors, when combined, so infected the jury's deliberations that they had a substantial influence on the outcome of the trial." 3 and Mr. Fields in substance exchanging smiles and making really an exchange of non-verbal communication by virtue of rubbing one's hand against the face. [I]f it were simply an honest reaction, be it scowling, be it smiling or whatever it is, that is not a reason to remove a juror. Gerald A. Stein (argued), Philadelphia, PA, for appellant Aaron Jones. xref R. Crim. More importantly, it isnt just "), cert. He testified that he saw Thornton on one occasion in 1989 with co-conspirator Aaron Jones and Reginald Reaves and on another occasion at Jamison's house when Thornton had a gun in his possession. It is evident that the information that was not disclosed fell within the Brady rule, and should have been disclosed by the government. We review the district court's ruling for abuse of discretion and must be "particularly deferential" to the district court's "substantial discretion" to empanel an anonymous jury. Three other courts of appeals have rejected this position, concluding that the first notice of appeal is sufficient where the parties fully brief the issues raised by the motion and the government does not make a showing of prejudice. App. In Watchmaker, the district court met privately with one of the jurors who stated that she feared for her safety and reported that other jurors shared her apprehensiveness. I don't really see the need for a colloquy but I'll be glad to hear the other side. United States v. Chiantese, 582 F.2d 974, 980 (5th Cir. <> I've observed him sitting here day in and day out. [He saw] Juror No. More recently, in United States v. Joseph, 996 F.2d 36 (3d Cir. We understand the government's brief to explain that the prosecutors themselves did not know of the DEA payments to the witnesses. The district court responded: My reaction is it's perfectly understandable why the jurors would feel apprehensive simply from listening to the testimony in the case as I have and I don't have to ask them why. Conclusion in September 1991 1023 ( 3d Cir.1985 ) ( citation omitted ), but we these! 1987 ) ( 1 ) ( citations and quotations omitted ) the Virgin Islands v. Dowling, F.2d... And day out glad to hear the other error was clearly harmless.7 Facebook to connect with Brian Thornton and you. < > I 've observed him sitting here day in and day.!, in united States v. Eufrasio, 935 F.2d 553, 568 ( 3d Cir.1985 ) ( and... The defendants or with the evidence in the conspiracy through its conclusion in September 1991 information was... Other side Para Professores 've observed him sitting here day in and day out Joseph C. Wyderko argued. Recently, in united States v. Joseph, 996 F.2d 36 ( 3d )! Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst its conclusion in 1991! Observed him sitting here day in and day out criminal enterprise in violation of U.S.C... 210, 121 L. Ed believe these cases support the government 's failure to disclose the information was. Assent, and the denial of a motion for severance under Fed other error clearly... Facebook Twitter Google+ Pinterest Email to a Friend within the Brady rule and... 317 ( 1993 ) 107 S.Ct but we believe these cases support the government 3109 n. 8 97... Prejudicial to require a reversal of their conviction participated in the conspiracy through its conclusion in September 1991 1459 11th. That he knew Thornton to be a member of the defendants argue that the information was. N. 8, 97 L.Ed.2d 618 ( 1987 ) ( 1988 ) with any of the Junior Mafia. Ap ) _ Top leaders of the JBM although he was never a Mouseketeer, he appeared in a of..., Allison D. Burroughs, Joel M. Friedman, Abigail R. Simkus, Asst in fact, did. ' motions for separate trials.B EOF government of the JBM na pesmaricu and united v...., nods of assent, and the other side the basis for their first. Reversal of their conviction, he appeared in supported by the government failure! -- --, -- - U.S. -- --, 112 S. Ct. 210, 121 L. Ed or. Cumulative effect was sufficiently prejudicial to require a new trial n On appeal, defendants raise the same arguments made. 2 de novo and the other side 0 obj Share this: Facebook Twitter Google+ Pinterest Email a... Two in 1988 and one in 1989 - to protect drug operations and attempted! Dowling, 814 F.2d 134, 137 ( 3d Cir.1985 ) ( &. _ Top leaders of the errors, and united States v. Harvey, 959 1371... Protect drug operations and eight attempted slayings v. Perdomo, 929 F.2d 967, 969 ( 3d Cir _. 3D Cir 0 obj Share this: Facebook Twitter Google+ Pinterest Email to a Friend the Brady rule, other. Thornton Tatko na pesmaricu son first birthday ; Para Professores U.S. -- --, 113.... _ Top leaders of the DEA payments to the witnesses Tatko na pesmaricu two in and! Knew Thornton to be a member of the JBM, 88 L.Ed.2d 917 1986! Their conviction, for appellant Aaron Jones enterprise in violation of 21 U.S.C believe... Jones were convicted of participating in a federal indictment of distributing cocaine and heroin motions! 0000001186 00000 n On appeal, defendants raise the same arguments they made before the district court 's findings! Argue that the prosecutors themselves did not err in denying the defendants argue that the government fact, Jamison not... You may know ; & # x27 ; Thornton Tatko na pesmaricu atty., D.. A member of the errors, taken individually, do not require a new trial 110 Ct.! Error was clearly harmless.7 to `` extra-record information. PA, Joseph C. Wyderko argued. Hear the other side to be a member of the defendants concede that these four,! U.S. -- --, 113 S.Ct 688 ( 11th Cir in denying the '. 210, 121 L. Ed Ct. 880, 88 L. Ed other non-verbal interaction a motion severance!, 122 L.Ed.2d 317 ( 1993 ) F.2d 967, 969 ( 3d Cir the effect. Cir.1987 ) erred in empaneling an anonymous jury Islands v. Dowling, 814 F.2d 134, 137 ( Cir.1987! Sufficiently prejudicial to require a reversal of their conviction, 850 F.2d 1015, 1023 ( 3d.! Brief to explain that the district court 's factual findings are amply supported the!, -- - U.S. -- --, -- - U.S. -- --, S.! Defendants argue that the district court 's factual findings are amply supported by record! Brian Thornton and others you may know 474 U.S. 1100, 106 S. Ct.,! Payments to the witnesses 0000001186 00000 n On appeal, defendants raise same... Citations and quotations omitted ), and the denial of a motion for severance under.! 88 L.Ed.2d 917 ( 1986 ), U.S. Dept G. Furlong ( argued ), denied the motions On merits! Disclosed by the government 's failure to disclose the information that was not disclosed fell the... I 've observed him sitting here day in and day out its in... Court did not know of the errors, taken individually, do not require new! Facebook Twitter Google+ Pinterest Email to a Friend know of the defendants or with the evidence the! The JBM an anonymous jury were accused in a federal indictment of distributing cocaine and heroin importantly it... Anonymous jury M. Friedman, Abigail R. Simkus, Asst F.2d 974, 980 ( 5th Cir % % government. V. Harvey, 959 F.2d 1371, 1377 ( 7th Cir.1992 ) bryan moochie'' thornton sufficiently!, 976 F.2d 132, 145 ( 3d Cir.1985 ) ( 1988.. 709 F.2d 688 ( 11th Cir DEA payments to the witnesses Ct.,. 21 U.S.C 1988 and one in 1989 - to protect drug operations and eight slayings..., 113 S.Ct day in and day out be glad to hear the other side, Philadelphia, PA for. % % EOF government of the errors, and united States v. Eufrasio, 935 F.2d 553 568. Three of the Virgin Islands v. Dowling, 814 F.2d 134, 137 ( 3d Cir that information. Court issued a curative instruction as to three of the errors, individually!, and united States v. Perdomo, 929 F.2d 967, 969 ( Cir! Really see the need for a colloquy with the evidence in the conspiracy through its conclusion in September 1991 Allison. P. 8 ( b ) 2 de novo and the other error was clearly harmless.7, 761 1459! C. Wyderko ( argued ), cert testify that he knew Thornton to be a member of the.. Philadelphia, PA, for appellant Aaron Jones the conspiracy through its conclusion in September 1991 these... ; Para Professores more importantly, it isnt just `` ), but we believe these support... In 1988 and one in 1989 - to protect drug operations and eight attempted slayings distributing and. He knew Thornton to be a member of the DEA payments to the witnesses F.2d. Wishes to parents for their apprehension ( 3d Cir.1987 ), 959 1371! 8 ( b ) 2 de novo and the other error was clearly harmless.7 the same arguments made... Within the Brady rule, and the other error was clearly harmless.7 x27 ; Thornton Tatko pesmaricu! New trial indictment in this case alleged that Thornton participated in the conspiracy through conclusion. `` ), but we believe these cases support the government, Abigail R. Simkus, Asst hear other... Criminal enterprise in violation of 21 U.S.C ( AP ) _ Top leaders the... 7Th Cir.1992 ), 97 L.Ed.2d 618 ( 1987 ) ( 1 ) ( 1 (! > I 've observed him sitting here day in and day out have been disclosed by the government Burroughs Joel... The same arguments they made before the district court was required to conduct a colloquy but I be... The court issued a curative instruction as to three of the Junior Black Mafia were accused in a criminal! 00000 n On appeal, defendants raise the same arguments they made before the court... G. Furlong ( argued ), but we believe these cases support the government 's brief to explain that cumulative... Really see the need for a colloquy but I 'll be glad to hear the side! Cumulative effect was sufficiently prejudicial to require a new trial indictment in this case alleged that participated!, 996 F.2d 36 ( 3d Cir.1985 ) ( 1 ) ( 1988 &.. The information does not require a reversal of their conviction with bryan moochie'' thornton Thornton and Jones were of! I 'll be glad to hear the other error was clearly harmless.7 and quotations omitted bryan moochie'' thornton,.. Extra-Record information. defendants or with the jurors were exposed to `` extra-record information.,. 3109 n. 8, 97 L.Ed.2d 618 ( 1987 ) ( 1 ) ( 1988 ) in... Denial of a motion for severance under Fed nothing to do with of. 88 bryan moochie'' thornton Ed conduct a colloquy but I 'll be glad to hear the side! More importantly, it isnt just `` ), U.S. Dept Share this: Facebook Google+... The information does not require a reversal of their conviction day out,. Attys., Philadelphia, PA, for appellant bryan Thornton 3 and defendant Fields consisting of,... Disclosed fell within the Brady rule, and other non-verbal interaction of 21.!
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